POPCAP GAMES, INC.
END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN PO PCAP GAMES, INC. ("POPCAP") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEG AL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFT WARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY POPCAP AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVE LY, THE "GAME"). BY CLICKING THE "I AGREE" BUTTON OWNLOAD, COPY, ACCESS OR USE THE GREE TO BE BOUND BY THE TERMS OF T THE "I DON'T AGREE" BUTTON AND , ACCESS OR USE THE GAME. 1. BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, D GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND A THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELEC YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY
LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. PopCap hereby grants to you a non-exclusive licen se to use a single copy of the object code version of the Game for your personal , non-commercial home entertainment use on one personal computer or other compat ible electronic device. You may sell or transfer your copy of the Game to anoth er person along with, and subject to, your rights under this EULA, only if you d o not retain any copies. 1.2 Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy , offer for public display, translate, adapt, modify or otherwise alter the Game , or create derivative works thereof, except to the extent that such restriction s are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distri bute the Game, or offer it on a pay-per-play, coin-op or other for charge (or fr ee) basis; (iv) use the Game to infringe the copyrights or other intellectual pr operty rights of others in any way; (v) remove, circumvent, disable, damage or o therwise interfere with security-related or limiting features of the Game, and/o r (vi) modify or delete the copyright and other proprietary rights notices on or in the Game. 1.3 Additional Restrictions for Trial Versions. If the Game was prov ided to you for trial use for a limited period of time and/or number of uses, yo u agree not to use the Game beyond the expiration or termination of the trial pe riod. You acknowledge and agree that the Game may include code designed to prev ent you from exceeding these limits, and that such code may remain on your compu ter or device after deletion of the Game to prevent you from installing another copy of the Game and repeating the trial. 1.4 Game Specific Terms and Conditions. For additional terms and con ditions that may apply to the Game, such as third-party copyright notices and li cense information, please review the Readme file included with the Game. The Re adMe file for the Game is hereby incorporated into this EULA by this reference. 2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. PopCap may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. Upon terminati on of this EULA, you agree to immediately uninstall the Game and destroy all cop ies of the Game. 3. GAME OWNERSHIP. The Game is the copyrighted proprietary material of PopC ap and/or its third-party licensors and is subject to copyright protection under
AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO T HIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME OR TWENTY DOLLARS. REPAIR OR REPLACEMENT DESCRIBED ABOVE. IF YOU PURCHASED THE GAM E ON A DISC OR OTHER RECORDING MEDIUM. AND NON-INFRINGEMENT. PRIVACY. directors and personne l from any claims. Additionally. including attorneys' fees. LOSSES. BASIS OF THE BARGAIN. and you agree that you wil l comply with any such foreign import and export laws. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDE R OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS. title. DA MAGE OR IF YOU HAVE VIOLATED THIS EULA. LIMITATION OF LIABILITY. copyright law and international copyright treaties. 7. SHALL BE THE REFUND. YOUR EXCLUSIVE REMEDY. 4. INDEMNIFICATION. O THERWISE. FOR BREACH OF THIS WARRANTY . in wh ole or in part. as applicable. EXCLUSIONS. SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. You agree to indemnify. EXPORT CONTROL. ALL OTHER WARRANTIES. WARRANTIES OF MERCHANTABILITY. BUT NOT LIMITED TO. OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE. CONSEQUENTIAL. THE ORIGINAL PURCHASER OF THE GAME. WHICHEVER IS LONGER. SECURE OR VIRU S-FREE. the Game may be subj ect to the import and export laws of other countries. losses. THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSH IP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PER IOD").S. 6. INCIDENTAL. liabilities. You may not export or re-export. REPAIR OR REPLACE THE DISC OR OTH ER MEDIA CONTAINING THE GAME.1 Limited Warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRAN TIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE. 4. LOSS OF DATA. damages. aris ing out of your violation of this EULA and/or your use or misuse of the Game. ARE HEREBY EXPRESSLY DISCLAIMED. NEGLIGENCE OR OTHER DUTY OF CARE). the Game to certain countries. You understand and agree that PopCap would not b e able to economically or reasonably provide the Game to you without these limit ations. "THE POPCAP PARTIES"). POPCAP WARRANTS TO YOU. THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGI NAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. IN NO EVENT WILL THE POPCAP PARTIES BE LIABLE FOR ANY INDIRECT. defend and hold harmless the PopCap Parties.U. THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE. 5. TO THE MAXIMUM EXTENT PERMITTED BY APPLI CABLE LAW. including their respective employees. EXPRESS OR IMPLIED. AND THE ENTIRE LIABILITY OF POPCAP. The Game originates in the United States and is subject to U nited States export laws and regulations. officers. 8. ITS AFFILIATES. and interest in the Game (and any copies thereof) and speci fically reserve all rights not expressly granted under this EULA. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIAB ILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. IN NO EVENT WILL THE POPCAP PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES. You agree to comply with all United States and foreign laws r
. The disclaimers of warranties and limitatio ns of liability set forth above are fundamental elements of the basis of the agr eement between you and PopCap. persons or entities prohibited fr om receiving exports from the United States. PopCap and/or its third-party licensors reta in all right. as well as other intel lectual property laws and treaties. 9. MAY REFUND YOUR PURCHASE PRICE. LIMITED WARRANTIES BY POPCAP.2 Additional Warranty for Retail Product. 4. MISCELLANEOUS. HOWEVER. WHICHEVER IS GREATER. OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS. TITLE. EVEN IF ONE OR MORE OF THE POPCAP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSORS AND SUPPLIERS (COLLECTIVELY. FITNESS FOR A PARTICULAR PURPOSE. THE RETAILER. SPECIAL. INCLUDING. AT ITS OPTION.
signed by both parties. You agree that the courts of your home country and the courts of I reland shall have jurisdiction to hear and determine any suit. then such provision will be interpreted. 10. 11. Seattle. GOVERNING LAW AND VENUE. located at 2401 4th Ave. whether written or o ral. this EULA. Venue for any action hereunder shall lie exclusively in the state and federal courts located in King County. The English language version of this EULA will control its interpretation. excluding its conflict of laws rules. agreements. Inc.
.. If you are located outside North America.elated to your use of the Game. or in connection with. 10. and such invalidity or unenforceability will not affect any other provision of this EULA. This EULA may not be modified except in writing. WA 98121 (or at an u pdated address posted online at www. this EULA shall be governed by and construed in accordanc e with the laws of Ireland. The Game is made available to you by PopCa p Games. Suite 810. 10. this EULA will be governed by and construed in accordance with the laws of the State of Washington. HOW TO CONTACT POPCAP. USA. If you are located with in North America. enforceable and consis tent with the original intent underlying such provision. and specifical ly excluding the United Nations Convention on Contracts for the sale of Internat ional Goods. NOTICES. Washington USA and you hereby consent and submit to the personal jurisdiction of such courts. construed or refor med to the extent reasonably required to render it valid.popcap.1 For users located within North America. This is the entire agreement between you and Po pCap relating to the subject matter herein and replaces any and all previous rep resentations. action or proceed ing that may arise out of. I f a court of competent jurisdiction declares any provision of this EULA to be vo id or unenforceable.com).2 For users located outside of North America. understandings or communications. excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the In ternational Sale of Goods.